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GSTUpdates No credit of Krishi Kalyan cess Kansai Nerolac Paints Ltd., In re [2018] 96 taxmann.com 153 (AAAR - allowed under GST; Appellate Maharashtra) authority upholds AAR's order The assessee wanted to carry forward the accumulated credit of Krishi Kalyan Cess (KKC) shown in service tax return as on June 30, 2017 to the electronic credit ledger under the GST Act. It filed the application for Advance Ruling regarding admissibility of KKC as input tax credit under the GST Act. The Authority for Advance Ruling (AAR) held that the ITC of KKC could not be carried forward under GST. The assessee filed an appeal against the order of AAR before the Appellate Authority on the ground that KKC is subsumed in the CGST Act and it does not have any independent identity as KKC. Therefore, it should be allowed as credit under the transitional provision. The Maharashtra Appellate Authority for Advance Ruling (AAAR) held that cess and duty are separate levies and cannot be equated as per the judgment of Delhi High Court. The credit of KKC can only be utilized for payment of KKC only. Further, the FAQs issued by CBIC have clarified that ITC of KKC cannot be carried forward under GST. Accordingly, it upheld the order of AAR. Supply of UPS along with battery Switching Avo Electro Power Ltd., In re [2018] 96 taxmann.com 106 could be considered as Mixed (AAAR-West Bengal) Supply: AAR The assessee filed an application for Advance Ruling on whether the supply of UPS along with battery was to be considered as mixed supply as they are supplied under a single contract at a combined single price? It contended that UPS cannot function without battery because it is an integral part of UPS.Hence, it is naturally bundled and such supply should be treated as a composite supply and not as a mixed supply. The Authority for Advance Ruling held that the storage battery had multiple uses and could be put to different uses. Therefore, when battery was supplied with UPS, then it could not be considered as a composite supply or a naturally bundled supply. Lok Sabha passes 4 GST The Central GST (Amendment) Bill, the Integrated GST (Amendment) Bill, Amendment Bills the GST (Compensation to States) Amendment Bill, and the Union Territory GST (Amendment) Bill are passed by Lok Sabha on August 9, 2018. 2 Taxmann's Laws August 2018
No reverse charge on supply of Notification No. 22/2018- Central Tax (Rate), Dated 06-08-2018 goods or services by unregistered The reverse charge mechanism on supply of goods or services by an person till Sept. 30, 2019 unregistered person to registered person has been deferred till September 30, 2019. CBIC notifies special procedure for Notification No. 31/2018- Central Tax, Dated 06-08-2018 registration of taxpayers who CBIC has notified the special procedure for registration of taxpayers who did couldn't complete migration process not file the completed Form GST REG-26 but they had received the provisional ID till December 31, 2017. They are required to furnish the required details to the jurisdictional nodal officer of the Central Government or State Government before August 31, 2018. Fertilizers supplied for use in Circular No.54/28/2018-GST, Dated 09-08-2018 manufacture of other fertilizers would The Govt. has clarified that the fertilizers supplied for use in manufacture of attract 5% GST; Govt. clarifies other fertilizers or for use directly as fertilizers would attract 5% GST. GST would be payable on net Circular No.53/27/2018-GST, Dated 09-08-2018 quantity of petroleum gases retained The Govt. has clarified that GST will be payable by the oil refinery only on the for manufacture of chemical products net quantity of petroleum gases retained by the recipient-manufacturer for the manufacture of petrochemical products. ISD can now file GST return for Notification No. 30/2018- Central Tax, Dated 30-07-2018 months of July, 2017 to Aug., 2018 Govt. has extended the due date for filing of return by Input Service till 30/09/2018 Distributor in Form GSTR-6 for the months of July, 2017 to August, 2018 till September 30, 2018. No GST on ambulance services Circular No. 51/25/2018- GST, Dated 31-07-2018 provided to Govt. by private SP under Govt. has clarified that the service provided by private service provider to the National Health Mission Govt. by way of transportation of patients in an ambulance would be exempted from GST. Commissionerate arrested Press Release, Dated 01-08-2018 2 businessmen for evasion of Rs. 201 The West Delhi GST Commissionerate has arrested two businessmen in a crores using fake invoices case of fraudulent issuance of Input Tax Credit invoices without actual supply of goods. They were involved in evasion of approximately Rs. 201 crores. Govt. disbursed GST refunds of Press Release, Dated 01-08-2018 Rs. 54,378 crore till July 31, 2018 The Govt. has disbursed GST refunds of Rs. 54,378 crore till July 31, 2018. The remaining GST refunds pending with CBIC will continue to be processed expeditiously. Taxmann's Laws August 2018 3
Latest GST Publications 2018 As Amended by CGST (Amdt.) Act 2018/IGST (Amdt.) Act 2018/UTGST (Amdt.) Act 2018/ GST (Compensation to States) Amdt. Act 2018 GST Tariff with GST Rate GST Works Contract & Reckoner Other Construction Contracts Sudipta Bhattacharjee/Rishabh Prasad/ GST Manual with GST Law Guide Abhishek Garg & GST Practice Manual GST Input Tax Credit GST Ready Reckoner V.S. Datey V.S. Datey GST E-Way Bill GST Refunds V.S. Datey Aditya Singhania GST on Builders & GST - How to Meet Your Real Estate Agents Obligations Sandesh Mundra S.S. Gupta GST on GST Made Easy Financial Services Answer to all Your Queries on GST Aditya Singhania Arpit Haldia GST Law & Practice GST Master Guide Divya Bansal Vivek Laddha/Pooja Patwari GST - GST Mini Ready Reckoner leL;k,a ,oa lek/kku Arpit Haldia Arpit Haldia/Megha Haldia GST Acts with Rules & Forms Call your bookseller/representative or visit taxmann.com/bookstore 4 Taxmann's Laws August 2018
Subscribe In Print Weekly Journal Annual Subscription 2018* † ` 6975 [52 Issues] * FREE : 3 Daily e-mail Services : Daily Tax & Corporate Laws Digest, Taxmann Daily & GST Daily. † In Print Journal will be sent by Ordinary Post. Add ` 1040 (` 20 for each part) for courier. Call your bookseller/representative or visit taxmann.com/bookstore Taxmann's Laws August 2018 5
gst.taxmann.com Always Amended Central and State GST Acts, Place of Supply tool helps you to accurately determine Rules, Forms, Circulars and Notifications the place of supply Customized 25,000+ Case laws relevant under State-specific E-way Bill tool to determine if an E-way GST (To cover nearly 40,000 case laws shortly) Bill is required for any intra-state or inter-state movement of good All judgments rendered by Courts/AAR on GST 3 Commentaries on GST by Mr. V.S. Datey Always Amended GST Tariff for Goods and Services Easy to search the relevant cases on the basis of Instant GST Rate Finder for Goods and Services Classification of Goods/Services, Subjects and Section GST Rates have been mapped with almost all HSN No. and SAC Codes Research Box: Create your personal online library Get replies on your GST queries from tax expert where you can bookmark & save any type of document Mr. V.S. Datey and CA. Mohammad Salim for a later reference. Sync data from your research box with Dropbox.com to access it anywhere Read replies given by tax experts for 9300 + users' queries on GST Goods & Services Tax Module* Subscription : ` 6900† SUPER SAVER COMBO* † • 4 Modules Plan 18,999 Income Tax + Company Law including Insolvency & Bankruptcy + GST Including Indirect Tax Module + Indian Acts with daily updates † • 5 Modules Plan 22,999 Income Tax + Company Law including Insolvency & Bankruptcy + GST Including Indirect Tax Module + Accounts & Audit + Indian Acts with daily updates * FREE : 3 Daily e-mail Services : Daily Tax & Corporate Laws Digest, Taxmann Daily & GST Daily. † GST @18% extra Call your bookseller/representative or visit taxmann.com/bookstore 6 Taxmann's Laws August 2018
e-Newsletters GST Daily | Daily Tax Digest | Taxmann Daily REGISTER TODAY Stay Updated Get one month free subscription of e-Newsletters wort h ` 2500 Scan the QR Code GST Daily A Daily GST email service to provide analysis of all important happenings of the Day. Daily Tax Digest A Daily Bulletin for all Case Laws and Statutory Updates reported at www.taxmann.com In just 5 minutes, one can read all the updates on: Income-tax GST International Taxation Companies Act SEBI Laws Insolvency Banking Laws Accounts & Audit Indirect Taxes A section-wise digest is provided to help one in keeping himself abreast with all such updates. Around 300 bulletins are issued in a year. Taxmann's Daily A Daily email service to provide the analysis of most important story of the Day Around 300 bulletins are issued in a year. Call your bookseller/representative or visit taxmann.com/bookstore Taxmann's Laws August 2018 7
Date of Publishing 27-8-2018 Date of Posting 27/28-8-2018 Posted at Delhi RMS LICENSED POST WITHOUT PRE-PAYMENT NO. U(C)-35/2017-2019 D. No. DL(C) -05/1183/2017-19 RNI No. DELENG/2004/13822 South West SALES & Bengaluru Karnataka Mumbai Maharashtra Mobile : +91-9986950066, 35, Bodke Building, Ground Floor, MARKETING 08939009948 Email : sales.bengaluru@taxmann.com MG Road, Opp. Mulund Railway Station, Mulund (W), Mumbai - 400080 Tel. : +91-022-25934806/07/09, Andhra Pradesh/Telangana 25644807 Hyderabad Mobile : +91-9619668669,9322247686 4-1-369-Indralok Commercial Complex Email : sales.mumbai@taxmann.com, Shop No. 15/1 – Ground Floor, Beside Hotel Pune Jaya International Reddy Hostel Lane Abids Office No. 14, First Floor, Prestige Point, Hyderabad – 500001 283 Shukrwar Peth, Opp. Chinchechi Talim, Mobile : +91-9391041461 / Nr. BSNL office, Bajirao Road, Pune- North 09322293945 411002, Email : sales.hyderabad@taxmann.com Head Office Mob. : 9822411811 / 9834774266 / 59/32, New Rohtak Road, Tamil Nadu/Puducherry 9322293945 New Delhi – 110005 (India) Chennai Email : sales.pune@taxmann.com, Tel : +91-11-45562222 Mobile : +91-8939009948, 9324444746 Nagpur Email : sales@taxmann.com Email : sales.chennai@taxmann.com Mobile : +91-9372452573 Gurugram Kerala Email : sales.nagpur@taxmann.com Mobile : +91-9711397878 Goa Cochin Email : sales.gurugram@taxmann.com Mobile : +91-9324444746, 7045453852 Mobile : +91-7045453852, 9322247686 Noida Email : sales.kochi@taxmann.com Email : sales.panaji@taxmann.com Mobile : +91-9350032664 Email : sales.noida@taxmann.com East Gujarat West Bangal Ahmedabad Faridabad 7, Abhinav Arcade, Ground Floor, Mobile : +91-9711201502 Kolkata Nr. Bank of Baroda, Pritam Nagar Paldi, Email : sales.faridabad@taxmann.com Mobile : +91-9903080207 Ahmedabad – 380007 Ghaziabad Email : sales.kolkata@taxmann.com Tel : +91-079-26589600/02/03, Mobile : +91-9350032664 Mobile : +91-9909984900, 9714105770, Bihar/Jharkhand Email : sales.ghaziabad@taxmann.com 9714105771 Bihar/Jharkhand Email : bdurgaprasad@taxmann.com, Rajasthan Mobile : +91-9304814022 sales.ahmedabad@taxmann.com Mobile : +91-9711397878 Email : sales.ranchi@taxmann.com Email : sales.jaipur@taxmann.com Central Patna Punjab Uttar Pradesh Mobile : +91-8800117654 Mobile : +91-9310425551 Lucknow Email : sales.patna@taxmann.com Email : sales.punjab@taxmann.com Mobile : +91-9792423987 Odisha Haryana Email : sales.lucknow@taxmann.com Tel : +91-9910528001 Bhubaneswar Madhya Pradesh Email : sales.haryana@taxmann.com Mobile : +91-9937071353 Email : sales.bhubaneswar@taxmann.com Bhopal Himachal Pradesh Mobile : +91-8800117282 Mobile : +91-9310425551 North East Email : sales.bhopal@taxmann.com Email : sales.hp@taxmann.com North East Chhattisgarh Uttarakhand Mobile : +91-9304814022 Mobile : +91-9350032664 Email : sales.guwahati@taxmann.com Raipur Email : sales.dehradun@taxmann.com Mobile : +91-8800117282 Email : sales.raipur@taxmann.com Or Visit : taxmann.com/dealers Printed and Published by Ansh Bhargava on behalf of Taxmann Allied Services Pvt. Ltd. and Printed at Tan Prints (India) Pvt. Ltd., 44 km. Mile Stone, National Highway, Rohtak Road, Village Rohad, Distt. Jhajjar (Haryana) and Published at 59/32, New Rohtak Road, New Delhi-110 005. EDITOR : RAKESH BHARGAVA, Annual Subscription : ` 60 for Twelve Parts for the year 2018. Single copy is ` 5 only. Total No. of pages 8 8 Taxmann's Laws August 2018
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